Form I-246 Application for Stay of Removal or Deportation

DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement
APPLICATION FOR A STAY OF DEPORTATION OR REMOVAL
1. Who may file this application?
This application may be filed if you have been ordered
deported or removed from the United States and you wish
to obtain a stay of deportation or removal under the
provisions of 8 C.F.R. 241.6. (A separate application must
be filed for each person/family member seeking a stay of
removal.)
2. Where should the application be submitted?
The alien(s) ordered removed must submit this application
in person to the local Detention and Removal Operations
(DRO) office. Locate your nearest DRO office at
http://www.ice.gov/about/dro/contact.htm.
3. What additional documents or evidence are
required with this application?
Current and valid passport(s) (Expiration minimum of 6
months) for you and your family (copies not acceptable)
Copy of birth certificate(s)/identity document(s)
Police reports, disposition of all arrests, court disposition,
etc.
4. What evidence/documentation should be submitted
in support of this application?
Medical documentation from your doctor
Evidence to support your claim that you cannot depart
the United States as ordered by the Immigration Judge
Evidence to support your claim that you should not be
deported/removed from the United States
Evidence that you plan to comply with your order of
removal i.e. plane ticket, departure itinerary, etc.
Any additional documentation, evidence or brief in
support of your claim
5. What fees should be submitted with this application?
A fee of $155.00 must be paid for filing this application.
There is no refund regardless of the action taken. What are
the types of payment accepted?
U.S. cash
Cashier's Check
Money Order
Payments must be made out to, "Department of Homeland
Security" or "Immigration and Customs Enforcement".
6. What may be the basis for rejection of this application?
Incorrect fee - (erroneous fee amounts will not be
refunded.)
Multiple applicants on same application
Failure to submit in person
Current physical address

7. What may be the basis of denial of this application?
Failure to submit current/valid passport
Failure to submit copies of birth certificate(s)/identity
document(s)
Lack of medical evidence in support of your claim (if
applicable)
Lack of or insufficient evidence or documentation in
support of your claim
Failure to provide evidence of to comply with order of
deportation/removal
Pursuant to the discretion of the Field Office Director or
other designated official
Threat to self or others
Inaccurate or untruthful information
8. What will happen when I submit this application?
You will be fingerprinted (14 years or older)
Your information will be input into Department of
Homeland Security (DHS) databases.
You will have your photograph taken
Criminal background check
9. What if this application is approved?
If this application is approved the following will occur:
You will be issued an Order of Supervision (OSUP) and
be required to comply with the conditions as set forth
within the OSUP.
You may, at the discretion of the Field Office Director, be
granted employment authorization
You may be required to post a Delivery or Order of
Supervision bond (minimum bond amount is $1,500.00)
Other conditions as set forth by the Field Office Director
or other designated official
You will be required to immediately update your address
with DRO
A stay of deportation or removal is within the sole
discretion of Secretary of Homeland Security or his
designee, the Field Office Director.
10. What may be the basis that the Secretary or his/her
designee revoke this application after approval?
Execution of an order of deportation or removal
Arrested by any law enforcement agency
Conviction of any crime(s)
A violation of an Order of Supervision
A violation of the terms of an Immigration Bond
Safety or security concerns
For any reason(s) pursuant to the discretion of the
Secretary or his/her designee

DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement
APPLICATION FOR A STAY OF DEPORTATION OR REMOVAL
11. What can happen if I submit false information?
All statements made in response to questions in this application
are declared to be true and correct under penalty of perjury
pursuant to 18 U.S.C. 1546. The knowing placement of false
information on the application may subject you, or the preparer of
the application, to criminal penalties under 18 U.S.C. 1546, and
you and the preparer to civil and criminal penalties pursuant to the
Immigration and Nationality Act 274C and 8 U.S.C. 1324c.
PRIVACY ACT NOTICE
This information is collected under the authority Section 241(c)(2)
of the Immigration and Naturalization Act, 8 U.S.C. 1231. The
purpose of collecting this information is to decide requests by
individuals seeking a stay of deportation or removal from the
United States. Submission of this form and the information
contained on this form is voluntary, however, requests for stays
will not be considered unless this form is completed. This
information will be used principally to determine eligibility for a
stay of deportation or removal under the law. This information may
also be used by or disclosed to other federal, state, local, and
foreign law enforcement and regulatory agencies
PUBLIC REPORTING BURDEN
U.S. Immigration and Customs Enforcement is collecting this
information as a part of its agency mission under the Department
of Homeland Security. The estimated average time to review the
instructions, search existing data sources, gather and maintain the
data needed and completing and reviewing this collection of
information is 30 minutes (0.50 hours) per response. An agency
may not conduct or sponsor, and a person is not required to
respond to, an information collection unless it displays a currently
valid OMB Control Number. Send comments regarding this
burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden to:
Department of Homeland Security
U.S. Immigration and Customs Enforcement
500 12th Street, S.W., Room 3138,
Washington, D.C. 20536
(Do not mail your completed application to this address.)
NOTICE - A pending application does not preclude the
execution of a final order of deportation/removal. The
Field Office Director may at his/her discretion revoke the
approval of this application and execute the order of removal
at a date and time of his/her choosing. No advance notice is
required for the execution of a final order of removal.

DEPARTMENT OF HOMELAND SECURITY

OMB No. 1653-0021
Expires: 11/30/2010

U.S. Immigration and Customs Enforcement
APPLICATION FOR A STAY OF DEPORTATION OR REMOVAL
For Internal Use Only
Granted
One Year
Six Months
Three Months
Denied
Denial letter attached.
Incorrect Fee
Failure to submit in person
Rejected
Additional information attached.

Fee/Date Stamp

Other:
Other:

Decision made by

Date:

(Printed Name/Title)

Deciding Official Signature:

Office:

File Number

Date

Last Name

First Name

Middle Name

Address (Number and Street):

Country of Citizenship:

Apartment Number:

Length of stay requested:
one year
six months
three months
other
Arrested by police or other law enforcement agency
(other than for immigration reasons)
Yes - Documents attached
No
Sections of law for which of ordered deported/removed:

Town/City:

State:

Telephone Number:

Zip Code:

Cell Telephone Number:

Passport No:

Expiration Date:

REASON(S) FOR REQUESTING A STAY OF DEPORTATION OR REMOVAL:

EVIDENCE SUBMITTED (attached):
Medical

Brief

Other (specify):

I certify under penalty of perjury that the information provided and contained herein is true and correct to the best of my
knowledge and belief:
(Printed Name)

(Signature)

INFORMATION IF FORM PREPARED BY OTHER THAN APPLICANT:
I declare under penalty of law that this document was prepared by me at the request of the applicant and is based on all information
of which I have knowledge. I understand that providing false information on behalf of the applicant could result in criminal
prosecution and, upon conviction, a fine or imprisonment or both.
(Printed Name)

(Telephone Number)

(Signature)

(Street Address)

(City)

(State)

(Zip Code)

ICE Form I-246 (10/08)